Public Act 096-1417
 
SB3818 EnrolledLRB096 20653 WGH 36368 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Family Military Leave Act is amended by
changing Sections 5 and 10 as follows:
 
    (820 ILCS 151/5)
    Sec. 5. Definitions. In this Act:
    "Employee" means any person who may be permitted, required,
or directed by an employer in consideration of direct or
indirect gain or profit to engage in any employment. "Employee"
does include an independent contractor. "Employee" includes an
employee of a covered employer who has been employed by the
same employer for at least 12 months, and has been employed for
at least 1,250 hours of service during the 12-month period
immediately preceding the commencement of the leave.
    "Employee benefits" means all benefits, other than salary
and wages, provided or made available to employees by an
employer and includes group life insurance, health insurance,
disability insurance and pensions, regardless of whether
benefits are provided by a policy or practice of an employer.
    "Employer" means (1) any person, partnership, corporation,
association, or other business entity; and (2) the State of
Illinois, municipalities and other units of local government.
    "Family military leave" means leave requested by an
employee who is the spouse, or parent, child, or grandparent of
a person called to military service lasting longer than 30 days
with the State or United States pursuant to the orders of the
Governor or the President of the United States.
(Source: P.A. 94-589, eff. 8-15-05.)
 
    (820 ILCS 151/10)
    Sec. 10. Family Military Leave Requirement.
    (a) Any employer, as defined in Section 5 of this Act, that
employs between 15 and 50 employees shall provide up to 15 days
of unpaid family military leave to an employee during the time
federal or State deployment orders are in effect, subject to
the conditions set forth in this Section. Family military leave
granted under this Act may consist of unpaid leave.
    (b) An employer, as defined in Section 5 of this Act, that
employs more than 50 employees shall provide up to 30 days of
unpaid family military leave to an employee during the time
federal or State deployment orders are in effect, subject to
the conditions set forth in this Section. Family military leave
granted under this Act may consist of unpaid leave. The number
of days of leave provided to an employee under this subsection
(b) because the employee's spouse or child is called to
military service shall be reduced by the number of days of
leave provided to the employee under subdivision (a)(1)(E) of
Section 102 of the Family and Medical Leave Act of 1993 because
of any qualifying exigency arising out of the fact that the
employee's spouse or child is on covered active duty as defined
in that Act (or has been notified of an impending call or order
to covered active duty) in the Armed Forces.
    (c) The employee shall give at least 14 days notice of the
intended date upon which the family military leave will
commence if leave will consist of 5 or more consecutive work
days. Where able, the employee shall consult with the employer
to schedule the leave so as to not unduly disrupt the
operations of the employer. Employees taking military family
leave for less than 5 consecutive days shall give the employer
advanced notice as is practicable. The employer may require
certification from the proper military authority to verify the
employee's eligibility for the family military leave
requested.
    (d) An employee shall not take leave as provided under this
Act unless he or she has exhausted all accrued vacation leave,
personal leave, compensatory leave, and any other leave that
may be granted to the employee, except sick leave and
disability leave.
(Source: P.A. 94-589, eff. 8-15-05.)